Divorce Resources in Michigan: Court Forms, Legal Aid & Filing Guide

To file for divorce in Michigan, you must have resided in the state for at least 180 days immediately preceding the filing and in the county where you file for at least 10 days, as required by MCL 552.9. You file a Complaint for Divorce in the Family Division of the Circuit Court in your county. Michigan is a no-fault state under MCL 552.6, so you must allege that the marriage relationship has broken down to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood the marriage can be preserved. The filing fee is $175 for cases without minor children or $255 for cases with minor children. If you cannot afford the fee, submit a Fee Waiver Request (form MC 20) under MCR 2.002.

Prepare your Complaint for Divorce along with a Summons (form MC 01) and a Confidential Case Inventory (form MC 21). If your case involves minor children, you must also file a Uniform Child Custody Jurisdiction Enforcement Act Affidavit (form MC 416) and submit a Verified Statement (form FOC 23) to the Friend of the Court. The defendant must be served with the Summons and Complaint. Service may be accomplished by a process server, sheriff, or any person over 18 who is not a party to the case. The defendant has 21 days after service to file a written Answer (form MC 03). There is no filing fee for the Answer under Michigan statute.

Within 28 days of the defendant's initial responsive pleading, both parties must exchange a completed Domestic Relations Verified Financial Information Form (form CC 320) as required by MCR 3.206(C). This form must include your four most recent pay stubs and your last federal and state income tax returns. The form is exchanged between the parties but is not filed with the court. Michigan imposes a mandatory waiting period before a judgment of divorce may be entered: 60 days for cases without minor children and 180 days for cases with minor children under MCL 552.9f. Courts may order mediation under MCR 3.216 to resolve contested issues before trial.

When your case is ready for finalization, submit a proposed Judgment of Divorce along with the Domestic Relations Judgment Information form (FOC 100) to the Friend of the Court and a Record of Divorce or Annulment (form DCH-0838) to the Michigan Department of Health and Human Services as required by MCL 333.2813. If both parties agree to terms, file a Petition for Consent Judgment (form CCFD 25). In cases with minor children, both parents must complete the court-ordered SMILE (Start Making It Livable for Everyone) parent education program before the court will approve the final judgment. Failure to complete the program may delay entry of the judgment.

Michigan requires both parents in a divorce case involving minor children to complete the SMILE (Start Making It Livable for Everyone) parent education program before the court will approve the final Judgment of Divorce. The requirement is imposed by local court order in each county's circuit court through the Friend of the Court office. The SMILE program is a two-hour educational session covering the effects of divorce on children, co-parenting strategies, and communication skills under MCL 722.27a (Child Custody Act). Both parents receive a court order requiring attendance after the divorce action is filed. Parents must submit a certificate of completion to the Friend of the Court. The program is available online through the MiChildSupport website in some counties, though certain counties require in-person attendance. The typical cost is $25 per parent. Failure to complete the program will delay entry of the final judgment and may result in court fines.

Michigan circuit courts have authority to order mediation in domestic relations cases under MCR 3.216. On written stipulation of the parties, on written motion of a party, or on the court's own initiative, the court may submit any contested issue to mediation, including property division, custody, parenting time, and support. Mediation is a nonbinding process in which a neutral third party facilitates communication to promote settlement. If both parties request it and the mediator agrees, the mediator may provide a written recommendation for unresolved issues (evaluative mediation). The court may not order evaluative mediation unless all parties request it. Special protections apply when a personal protection order (PPO) is in effect or child abuse proceedings are pending — the court must hold a hearing to determine whether mediation is appropriate before ordering it. Mediation fees are split between the parties unless otherwise agreed or ordered by the court. The Michigan Courts Office of Dispute Resolution coordinates Community Dispute Resolution Programs statewide at courts.michigan.gov.

Michigan requires mandatory financial disclosure in all divorce cases under MCR 3.206(C) and MCR 2.302(A). Both parties must complete and exchange a Domestic Relations Verified Financial Information Form (form CC 320) within 28 days of the defendant's service of initial responsive pleadings. The CC 320 form requires detailed reporting on income, employment, assets, real estate, vehicles, bank accounts, retirement accounts, insurance policies, debts, and court-ordered obligations. Parties must attach their four most recent pay stubs (or employer wage statement with year-to-date earnings) and a copy of their last federal and state income tax returns including all schedules. The form must be signed under oath in the presence of a notary. The CC 320 is exchanged between the parties but is not filed with the court — it is a confidential document. Parties may waive the exchange requirement only by written agreement. Failure to comply may result in sanctions under MCR 2.313, including default judgment in favor of the non-offending party.